senate Bill S5471

Amended

Establishes the community chemical dependence services expansion program

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 29 / Jan / 2014
    • PRINT NUMBER 5471A

Summary

Establishes the community chemical dependence services expansion program; provides funding for local governmental units for the provision of new and expanded chemical dependency services.

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Bill Details

See Assembly Version of this Bill:
A5911
Versions:
S5471
S5471A
Legislative Cycle:
2013-2014
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง22.13, Ment Hyg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1887, A1887
2009-2010: A6952, A6952
2007-2008: A10700, A10700

Votes

3
0
3
Aye
0
Nay
2
aye with reservations
1
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details
aye wr (2)
absent (1)

Sponsor Memo

BILL NUMBER:S5471

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing the community chemical dependence services expansion
program; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill aims to create a chemical
dependence detoxification reinvestment program with a mechanism to
link patients to treatment upon the conclusion of their
detoxification. This bill would take funds that were saved by
providing more effective treatment and reinvest them into the system
to treat others suffering from chemical dependence.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the mental hygiene law by adding a new
section 22.13 which would establish the community chemical dependency
services expansion program.

JUSTIFICATION: In the area of addiction treatment, one of the most
pressing needs for systemic reform relates to detoxification for
individuals with addiction treatment needs. The current detoxification
service delivery system relies almost exclusively on intensive,
inpatient, hospital-based detoxification. 11any of those served in
hospital-based programs do not require such a high level of care and
could be served in less intensive, and less expensive, community-based
detoxification programs. In order to meet increasing demands for
community based detoxification services community based providers need
additional financial resources to maintain an appropriate level of
care.

PRIOR LEGISLATIVE HISTORY: 2007/08 - A10700 - Referred to Alcoholism
and Drug Abuse 2009/10 - A6952 - Referred to Alcoholism and Drug Abuse
2011/12 - A1887 - Ref to Alcoholism and Drug Abuse

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This bill will
be funded on projected savings resulting from recent detoxification
hospital rate reforms that are to encourage more efficient discharge
planning and utilization of less expensive community based
detoxification services. These rate reforms will phased in over a 4
year period.

EFFECTIVE DATE: This act shall cake effect immediately and expire on
March 31, 2017.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5471

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation to establishing  the
  community  chemical dependence services expansion program; and provid-
  ing for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
22.13 to read as follows:
S 22.13 COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION PROGRAM.
  (A) COMMUNITY CHEMICAL DEPENDENCE SERVICES EXPANSION  FUNDS  SHALL  BE
ANNUALLY  ALLOCATED  BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITE-
RIA:
  1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING  WITHIN  THE
LOCAL  GOVERNMENTAL  UNIT  FOR  THE DELIVERY OF SERVICES TO PERSONS WITH
SERIOUS CHEMICAL DEPENDENCY IN ORDER TO ASSURE THAT RESOURCES  ARE  MADE
AVAILABLE TO PERSONS IN THE COMMUNITY;
  2. PROVISIONS THAT GRANTEES OF SUCH FUNDS FOR THE PROVISION  OF CHEMI-
CAL  DEPENDENCE  DETOXIFICATION  SERVICES SHALL HAVE A MECHANISM TO LINK
ALL CLIENTS RECEIVING DETOXIFICATION SERVICES TO ONGOING  TREATMENT  FOR
CHEMICAL DEPENDENCY IMMEDIATELY UPON THE CONCLUSION OF THEIR DETOXIFICA-
TION; AND
  3.  OTHER  RELEVANT  FACTORS  THAT REQUIRE THE MAINTENANCE OF EXISTING
CHEMICAL DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW CHEMICAL DEPEND-
ENCY SERVICES.
  (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY  BE  USED  TO
FUND  CHEMICAL  DEPENDENCE  TREATMENT SERVICES, INCLUDING DETOXIFICATION
SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES
SUCH AS APPROVED NET OPERATING COST, FEE-FOR-SERVICE  REIMBURSEMENT,  OR
OTHER  FINANCIAL  MECHANISMS  DESIGNED  TO ACHIEVE INCREASED QUALITY AND
COST EFFECTIVENESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09370-01-3

S. 5471                             2

  (C) FUNDS SHALL BE DISTRIBUTED  PURSUANT  TO  THIS  SECTION  TO  LOCAL
GOVERNMENTAL  UNITS IN PROPORTION TO EACH UNIT'S UNMET NEED FOR CHEMICAL
DEPENDENCE TREATMENT SERVICES, AS ESTABLISHED BY THE OFFICE, EXCEPT THAT
IN DISTRIBUTING SUCH FUNDS, THE COMMISSIONER SHALL CONSIDER  THE  EXTENT
TO WHICH EACH LOCAL GOVERNMENTAL UNIT HAS MAINTAINED LOCAL CONTRIBUTIONS
FOR  EXPENDITURES  OF CHEMICAL DEPENDENCY SERVICES MADE PURSUANT TO THIS
SECTION IN ANY FISCAL YEAR AT A LEVEL  EQUAL  TO  OR  GREATER  THAN  THE
AMOUNT  EXPENDED  FOR SUCH   SERVICES BY SUCH LOCAL GOVERNMENTAL UNIT IN
THE LAST COMPLETED FISCAL YEAR PRECEDING THAT FISCAL YEAR.
  (D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO  MAKE  INSPECTIONS
AND  EXAMINE  RECORDS  OF  A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID
UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI-
SION (B) OF THIS SECTION. SUCH EXAMINATION SHALL  INCLUDE  ALL  MEDICAL,
SERVICE AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS
AND OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
  (E)  THE  AMOUNT  OF  COMMUNITY CHEMICAL DEPENDENCE SERVICES EXPANSION
FUNDS FOR THE OFFICE SHALL BE DETERMINED IN THE ANNUAL BUDGET AND  SHALL
INCLUDE THE AMOUNT OF GENERAL FUND APPROPRIATION REDUCTIONS ATTRIBUTABLE
TO  REDUCTIONS  IN MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED
CHEMICAL DEPENDENCE DETOXIFICATION. SUCH REDUCTIONS SHALL BE  CALCULATED
BY COMPARING MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEM-
ICAL  DEPENDENCY  DETOXIFICATION IN THE BASE YEAR WITH THE SAME EXPENDI-
TURES IN THE STATE FISCAL YEAR IMMEDIATELY PRECEDING THE BASE YEAR.  FOR
PURPOSES  OF  THIS SECTION, THE BASE YEAR SHALL BE THE STATE FISCAL YEAR
IN WHICH THE EXECUTIVE BUDGET IS ISSUED. IN COMPUTING SUCH GENERAL  FUND
EXPENDITURES,  AND  IN  COMPUTING  THE STATE SHARE OF MEDICAL ASSISTANCE
PURSUANT TO THIS SECTION, THE  STATE  SHARE  OF  MEDICAL  ASSISTANCE  IN
EFFECT ON JANUARY FIRST, TWO THOUSAND FIVE SHALL BE USED.
  (F)  FOR  PURPOSES  OF  THIS  SECTION,  THE  DEFINITIONS  CONTAINED IN
SECTIONS 26.00 AND 41.03 OF THIS CHAPTER SHALL APPLY, EXCEPT THAT CHEMI-
CAL DEPENDENCE TREATMENT SERVICES SHALL NOT  INCLUDE  MEDICALLY  MANAGED
DETOXIFICATION  PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  (G) NO PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED  TO  CREATE
ANY  RIGHT,  INTEREST  OR  ENTITLEMENT TO SERVICES OR FUNDS THAT ARE THE
SUBJECT OF THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS,  WHETHER  TO
INDIVIDUALS,  LOCALITIES,  PROVIDERS  OR OTHERS, INDIVIDUALLY OR COLLEC-
TIVELY.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed March 31, 2017.

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